What happens to the issue fee if a patent application is withdrawn from issue?
When a patent application is withdrawn from issue, the issue fee that has been paid is typically applied to any future issue fee required. The MPEP 1308.01 states: “If a rejection is made after the issue fee has been paid … Any issue fee which has been previously paid will be applied to the next…
Read MoreHow does the USPTO apply insufficient payments for patent application fees?
When an applicant submits an insufficient payment for fees due on filing a nonprovisional application under 35 U.S.C. 111(a) and has not specified how to apply the payment, the USPTO applies the payment in a specific order. The MPEP outlines this order as follows: Basic filing fee Search fee Examination fee Excess claims fee (independent…
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